IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 580 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 581 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 589 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 590 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 591 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 592 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 593 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 594 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 595 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 599 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 600 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 603 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 604 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 606 of 2026 With R/SPECIAL CIVIL APPLICATION NO. 608 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRAL R. MEHTA ==========================================================

Approved for Reporting Yes No ✔

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KASHYAPBHAI RAMESHBHAI KOTECHA Versus THE STATE OF GUJARAT & ORS.

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Appearance:

MR SP MAJMUDAR WITH MR MEET D KAKADIA(11896) for the Petitioner(s) No. 1 MR SAHIL TRIVEDI, AGP for the Respondent(s) No. 1,2 MR HS MUNSHAW(495) for the Respondent(s) No. 3,4,5 MR RC SEJPAL(2636) for the Respondent(s) No. 6 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 16/03/2026 COMMON ORAL JUDGMENT

1. Since the captioned matters involve an identical set of facts and raise substantially similar questions of law, they were heard together and are being disposed of by this common judgment, treating Special Civil Application No.580 of 2026 as the lead matter.

2. By way of the present petition under Article 226 of the Constitution of India, the petitioner has approached this Court challenging the legality and validity of the orders dated 31^st December, 2025 and 18^th July, 2025, whereby the application preferred by the petitioner seeking regularisation of the subject construction under the Gujarat Regularization of Unauthorized Development Act, 2022 came to be rejected.

3. The brief facts giving rise to the present petition are stated hereunder:

3.1 The dispute in the present matter pertains to the construction carried out on Plot No.233 admeasuring approximately 166.67 sq. yards situated in Sitaram Park Proposed Society, forming part of Final Plot No.72/1 of T.P. Scheme No.10, carved out from Survey No.50 paiki land admeasuring about 11 acres and 4 gunthas situated at Village Motamava, Taluka and District Rajkot.

3.2 The land bearing Survey No.50 paiki originally belonged to one Aniruddhsinh Chatursinh Jadeja, Bilharbaben Vibhajibhai Jadeja, Arvindsinh Vibhajibhai Jadeja and Kiritsinh Vibhajibhai Jadeja, whose names were reflected in the revenue record in the year 1999. Thereafter, the said land came to be sold by way of four separate registered sale deeds in favour of Mansukhbhai Chhaganbhai Patel, Bhavanbhai Ranchhodbhai Patel, Shivabhai Nathabhai Patel, Mansukhbhai Jivrajbhai Patel, Libabhai Raghavbhai Patel, Rameshbhai Parbatbhai Patel, Bhaskarbhai Devshankar Mehta and Mavjibhai Manjibhai Sakhala. 3.3 It appears that entries of the aforesaid sale deeds were not mutated in the revenue records. Around the said period in the year 1999, a proposed housing society came to be formed on the subject land and construction activities were undertaken without obtaining requisite statutory permissions. According to the petitioner, the concept of proposed societies was prevalent at the relevant time and there existed more than sixty such proposed societies in the city of Rajkot. It is further the case of the petitioner that one Jayrajbhai K. Solanki developed and constructed the Sitaram Co-operative Housing Society (Proposed) on the subject land and a layout plan was also prepared in respect thereof. 3.4 It is alleged that the said Jayrajbhai K. Solanki, in collusion with the original l